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Street Vacation Procedure and Application

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Street Vacation Procedure and Application STREET VACATION PROCEDURE AND APPLICATION Complete the application form and submit the following. All items must be submitted to the Township Clerk’s Office prior to consideration. FEES: $100.00 – Application Fee (Ordinance #18‐2003) $125.00 – Engineer Escrow Deposit * Please note: these fees do not include County Clerk Recording Fees, Engineering Fees (minus escrow deposit), Tax Map Changes, Newspaper Publication Costs, Solicitor’s Fees and any other fees that the Township may incur. TAX MAP: 10 copies of the Egg Harbor Township Tax Map outlining/highlighting street(s), roadway(s), or alleyway(s) being requested for vacation. CONSENT AND RELEASE: Consent and Release form(s), notarized. * Applicant must attempt to secure a Consent and Release form from each property owner whose land adjoins or abuts the proposed street vacation. * Proof of Service must be submitted in the form of an executed Consent and Release OR by copy of transmittal letter sent certified mail, return receipt. REIMBURSEMENT AGREEMENT: Complete and sign the Reimbursement Agreement provided. DESCRIPTION: Submit 3 sets of the metes and bounds description of the requested vacation, prepared by a licensed New Jersey land surveyor (signed and sealed). The Township Engineer will review your application. Once all required information has been submitted and approved, the vacation request information will be forwarded to the Township Administrator for the preparation of the required Ordinance. Be advised the initial staff approval is not a guarantee that the vacation will be effectuated. STREET VACATION APPLICATION Applicant(s): Phone No.: unlisted Mailing Address: Block/Lot: Name of Street(s), Roadway(s), Alleyway(s) to be vacated: Specific Purpose for Request and Potential Benefits: Signature: Date: EILEEN M. TEDESCO, TOWNSHIP CLERK OFFICE OF TOWNSHIP CLERK 3515 BARGAINTOWN ROAD EGG HARBOR TOWNSHIP, NEW JERSEY 08234 TELEPHONE: 609.926.4085 REIMBURSEMENT AGREEMENT THE UNDERSIGNED, applicant for vacation of certain real property, hereby agrees to reimburse the Township of Egg Harbor for all costs, fees, and expenses associated with the vacation of the following street, road, alleyway, etc.: (Name of Street, Road, Alleyway) It is understood the costs, fees, and expenses shall include, but not be limited to: Atlantic County Clerk recording fees, Engineering fees (minus deposit), tax map changes, newspaper publication costs and solicitor’s fees incurred by the Township. Payment to the Township shall be made within ten days from receipt of the bill. Should payment not be made and the Township have to effect collection though and attorney and/or its Solicitor, the undersigned shall pay 15% of the amount due as reasonable attorney’s fees plus court and interest. Dated: ____________________________ __________________________________________ Signature of Applicant __________________________________________ Signature of Applicant ___________________________________________ ___________________________________________ Address of Applicant(s) CONSENT AND RELEASE Re: Property adjoining street to be vacated Block(s) ___________________________ Lot(s) ___________________________ THIS CONSENT AND RELEASE MADE THIS __________ DAY OF ______________________________, 20______, BETWEEN Applicant: _________________________________________________________________________ and Adjoining Property Owner(s): _________________________________________________________________________ hereinafter referred to as Releasor(s), and the TOWNSHIP OF EGG HARBOR, as municipal corporation of the State of New Jersey, hereafter referred to as Releasee, having a principal place in business at 3515 Bargaintown Road, Egg Harbor Township, New Jersey 08234‐8321. WITNESSETH: WHEREAS Releasor(s) have requested and made application to Release for the vacation of certain Street(s), Roadway(s), or Alleyway(s), or either in the Township and the parties desire to obtain the consents and releases of all real property owners and tenants affected by the vacation: NOW THEREFORE, in consideration of the vacation of the street(s), roadway(s), or alleyway(s), or either, as hereinafter described, and other available consideration, which is hereby acknowledged by Releasor(s), it is agreed as follows: 1. Releasor(s) hereby consent to the vacation of the certain street(s) and alley(s), or either, as described in the annexed Exhibit A which is incorporated herein, and further release and hold harmless Releasee from any costs, expenses, damages, attorney’s fees, court costs, claims, demands, causes of action, suits and judgements, whether in law or in equity, and further agree to indemnify Releasee for all of same in the event of litigation or claims being presented as a result of the vacation of the aforesaid street(s) and alley(s), or either. 2. Releasor(s) acknowledge they do not have an absolute right to the vacation and that such action is taken in the sole discretion of Releasee’s governing body after it first determines the nature and extent of the public use involved and the public interest. IN WITNESS WHEREOF, the undersigned have hereafter set their hands and seals and caused these presents to be signed by its duly authorized officers or elected officials and its corporate seal affixed hereto. _________________________________________ ___________________________________________ Owner – please print Owner Signature _________________________________________ ___________________________________________ Owner – please print Owner Signature State of New Jersey SS County of _________________________ The foregoing instrument was acknowledged before me this ________ day of ______________, 20_____, by ______________________________________________________________, who is personally known by me or who has produced _____________________________________________________ as identification. Signature of Notary: ___________________________________________________________ Printed Name of Notary: ___________________________________________________________ Notary Seal Notary Public State of: ___________________________________________________________ My Commission expires on: ______________________________ State of New Jersey SS County of _________________________ The foregoing instrument was acknowledged before me this ________ day of ______________, 20_____, by ______________________________________________________________, who is personally known by me or who has produced _____________________________________________________ as identification. Signature of Notary: ___________________________________________________________ Printed Name of Notary: ___________________________________________________________ Notary Seal Notary Public State of: ___________________________________________________________ My Commission expires on: ______________________________ .
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